Investigations & Charges of
Drug Offences
Drug offence allegations can have life-altering consequences, ranging from significant fines and prison sentences to lasting damage to your reputation. Our experienced Criminal Defence Solicitors are here to guide you through the complexities of drug-related charges, whether they involve possession, supply, production, or trafficking. We understand the serious nature of these cases and will work diligently to examine the evidence, protect your rights, and present a strong defence tailored to your circumstances. From the initial investigation to court proceedings, we are committed to achieving the best possible outcome for you. Contact us today and start building your defence.
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What to do if you’re under investigation or have been charged with Drug Offences
If you are under investigation or have been charged with Drug Offences, it is essential that you seek professional legal advice and representation as soon as possible. Speaking to the police, informally and under caution can later harm your defence if are not prepared and subsequently charged. Seeking legal advice does not signify your guilt, but does allow you to be informed before entering questioning.
We have a duty solicitor and other police station accredited representatives on hand 7 days a week. Call the office on 023 8023 4433 during office hours or when you are at the police station, ask for Sarah Barnard, our Criminal Defence and Duty Solicitor.
Covering Legal Expenses
Police station interviews and advice is free and is covered under our duty solicitor contract. We also provide legal aid under our contract with the Legal Aid Agency. We will explore legal aid with you if your matter progresses and are later charged with an offence. It’s important to note that not all offences are covered under legal aid and is often granted depending on your financial circumstances. Our team in the Crime Department will advise you on whether you are entitled to legal aid during your initial consultation.
Understanding the difference types of Drug Charges
Drug charges often depend on the number and class of drugs a person is found in possession of. These are commonly charged as:
- Possession of a controlled drug
- Possession of a controlled drug with intent to supply
- Production of a controlled drug
- Drug smuggling
- Drug trafficking
- Driving under the influence of drugs
Possession of a controlled drug
Every drug charge has the potential to have serious penalties. As previously mentioned, this typically depends on the type of drug and quantity involved. Where small amounts are found in possession are likely to suggest is for personal use, the police may decide to take no further action, or to issue a caution where this is the first offence. In comparison to being charged, may sound like the preferable outcome, but a police caution will still contribute to your criminal record. Consequently, this may have an impact on your career, where some employers require Disclosure and Barring Service (DBS) checks.
Possession of a controlled drug with the intent to supply
Where a possession of a controlled drug is charged with intent to supply, often results in the offender being criminally prosecuted. These cases are normally dealt with at the Crown Court, depending on the class of drugs you stand accused of supplying.
The prosecution will often rely on the following evidence:
- Statements made during police interview
- Drugs or paraphernalia found on the suspect, the suspects home or in the suspects’ car
- Phone records and text communications
- Large amounts of cash
- Witness statements or CCTV
- Written details of deals and money owed from the sale of drugs
The maximum sentence for possession of drugs with intent to supply is 14 years imprisonment and/or an unlimited fine.
Production of a controlled drug
Offenders of production of a controlled drug will always be prosecuted where there is enough evidence against them. The CPS defines production of a controlled drug as “an offence of production is committed when a suspect has some identifiable participation in the process of producing a controlled drug, by manufacture, cultivation, or any other method”.
The prosecution will need to provide evidence that:
- A controlled drug was produced; and
- Some link between the suspect and the production process; and/or
- The suspect knew that a controlled drug was being produced
The maximum sentence for those convicted of production of a controlled drug is life imprisonment.
Drug smuggling
Drug smuggling often gets confused with drug trafficking. Drug smuggling is usually, but not limited to, the transaction in exchange for illegal entry to a country. Also known as drug importation, can carry a maximum sentence of life imprisonment for Class A drugs, and 14 years for both Class B and C drugs when convicted.
Drug trafficking
Drug trafficking uses threat, force, coercion or deception against a person for the purpose of exploiting them into moving drugs into another country. The maximum sentence for drug trafficking is life imprisonment for all classes of drugs.
Driving under the influence of drugs
One of the most common drug offences, driving under the influence of drugs is in most cases always prosecuted where enough evidence is available.
The police can stop an offender and make them do a ‘field impairment assessment’ if they think they are under the influence of drugs. It is a series of tests, including a roadside drug kit that screens for cannabis and cocaine.
If the police think that you are unfit to drive because of taking drugs, you’ll be arrested and will have to take a blood and urine test at a police station. Where test results come back positive, will lead to the offender being charged.
The maximum sentence for those convicted of driving under the influence of drugs is 14 years. For more information visit Motoring Offences.
If you are linked to any drug offences, however small it may seem to you, get in touch with our expert criminal defence team.
Submitting an Appeal for Drug Offence Convictions
If you were convicted at the Magistrates Court, your appeal will generally be made in the Crown Court. The appeal is presented to a Crown Court Judge with two Magistrates and no jury. In certain limited circumstances, an appeal from the Magistrates Court can be made to the High Court. An appeal to the Crown Court must generally be made within 21 days of the sentence. In some circumstances, this time limit can be extended.
If you were convicted at the Crown Court, your appeal is made to the Court of Appeal. An appeal to the Court of Appeal can only be pursued if you can establish that there was an error of law at the original Crown Court trial. An appeal to the Court of Appeal must generally be made within 28 days of conviction or sentence, whichever is being appealed. In some circumstances, this time limit can be extended. Where a Crown Court judge has made a sentencing error, this can be corrected by the Crown Court itself, within 56 days.
FAQ’s
What does possession mean?
Possession is the legal term used when a person is deemed to be in possession of drugs and that there is evidence that they are in your ‘custody and control’. Most importantly, you will have knowledge of the quality of the substance you are in possession of.
What will happen if I am found in possession of controlled drugs?
If the police find that you are in possession of drugs you are likely to be arrested and interviewed under caution. Read the article below to find out more.
Under Arrest: What to Expect at the Police Station
How can a Solicitor help me?
We recommend seeking legal advice as soon as you are under arrest or are aware of any pending investigations. Our Drug Charge Solicitors can help you through your police interview and aim to mitigate any penalties or prosecution through to your hearing.
